Aly Featured on Issues at Stake in Landmark SCOTUS Case

Hatch-Waxman and Biosimilars Practice Group Leader Imron Aly forecast the significance of the U.S. Supreme Court ruling in Oil States Energy Services, LLC, v Greene’s Energy Group, LLC, and how it could impact future patent challenge cases.

The day before the decision issued, Imron said, “So what that will end up meaning is, 1 of 3 things could happen. One, the Supreme Court could say that [inter partes reviews, IPRs] are not constitutional, and that means that no one can use that way to challenge validity of a patent. The second thing that could happen is the same thing, but only for a prospective, going forward, nature—saying that what’s happened has happened, but going forward, no one can use that system. Third—what I think most people are predicting would be likely to happen—is that the Supreme Court would say, they’re constitutional, and perhaps limited in certain ways of executing them, or requiring procedural safeguards for when and how they’re used, but that they’re likely to be constitutional. So those are some of the issues at stake.”

Watch the video here.

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